Angry Vendor doing "Scorched Earth"

[DeeplyMovingExperience]

After a horrible drawn out covid situation that's gone on for nearly a year, we're completing on our purchase next week. But we haven't actually seen the house in 10 months and the vendor is so angry that we don't even know how we're going to get in. It might be locksmiths upon completion.

It's been horrible but my DH says "it will be fine don't worry", which is all well and good except I drove past the house we're moving to the other day, and he's torn down the "sold sign", thrown it in the garden, no lights on, the front door looks like it's been attacked with hammers, and I'm having kittens.

My DH reckons his wife's left him and taken the kids with her. I never met the bloke but from what we hear he's suing everybody he can think of.

Has anyone walked into a nightmare upon completion? Not sure what we could do about it.

First of all congratulations on your new home OP. Second...it does sound like the angry vendor will leave the house in a bit of a state. Is it worth having the conversation with your solicitor tomorrow about your concerns and stipulate that part of completion funds will be withheld to recompense for any damage done to the house. Surely they have seen this kind of situation before and would be able to advise?

@TeaLibrary I wasn't aware one could do that. Thank you. Good advice. I will definitely get onto that. With covid and everything I really don't want to move into a house that isn't clean. I've been cleaning our house madly and making sure it's absolutely hotel/sparkle ready for our buyers (who have been a bloody nightmare).

Have you exchanged yet? Just wondered if it's still possible to negotiate on price, in anticipation of the property being in worse condition than when you originally viewed it

Honestly I would be very wary of exchanging without seeing the condition. It’s buyer beware on that front, it’s up to you to check it out. I realise it’s a very difficult situation but I’d be making exchange of contracts conditional on a viewing if you’ve not seen it for 10 months. Is he angry at you specifically or what? How do you know he’s angry?

Definitely one for your solicitor, even if you've already exchanged.

BUT I don't think there's anything you can do about the state and cleanliness (and equally don't over do how you are leaving your place!).

Save your energy for cleaning your new how you want it to be.

I echo the others - you need to talk to your solicitor. Just be mentally prepared to get a locksmith and a cleaner on day 1.

The solicitors need to be assured of vacant possession. If that's in doubt, there will be a discussion and exchange/completion may not happen.

We exchanged months ago - completion was delayed due to covid. We have subsequently found out he's suing his estate agent. He also sued the builders who did some of the renovations. He's one of those angry types.

Eek. If you’ve already exchanged I’d definitely be having an urgent chat with the solicitors about what, if any, options you have now.

You're on a hiding to nowhere expecting it to be clean.

But your solicitor should be able to help with any actual damage

Solicitor! Spend time now calling yr sol to find out exactly what you need to do if the place is in a bad way (different to how it was on exchange). If you get that right then it’ll make follow up action much easier.

Keys - ideally make sure they’re left with either his or your solicitor: it’s hard to accuse solicitors of swapping them with someone else’s. If you think he’s nasty rather than violent you could agree to pick keys up at the property from him. This might be really unpleasant but at least you know they’ll work.

Be prepared to at least clean it yourself.

Don’t panic. In 5 years this’ll be a dinner-party anecdote.

Call the solicitor and maybe arrange an inspection pre completion. You have recourse against the seller for any change of condition since exchange (& have you got insurance?). There was a thread yesterday with people discussing whether it was reasonable to inspect pre exchange for this very reason and so many people felt it was a rude imposition to check before exchange (when no recourse against the seller) - I may point them here!

@DeeplyMovingExperience

We exchanged months ago - completion was delayed due to covid. We have subsequently found out he's suing his estate agent. He also sued the builders who did some of the renovations. He's one of those angry types.

Oh dear

Forget about it being clean

Ask if you can see it again

He might have good reason for suing the builders.

What do you mean about completion being delayed due to covid? That’s not really a reason, there must be more to do it. Delays of a couple of weeks I can understand but several months?

I’d be quite concerned about the reason why he is suing the builders. I’d want to see it and make sure he has not ripped out the insides, if the door is damaged, how much would that cost to repair/replace?

@DeeplyMovingExperience

We exchanged months ago - completion was delayed due to covid. We have subsequently found out he's suing his estate agent. He also sued the builders who did some of the renovations. He's one of those angry types.

Assuming you are in the UK op.

What was the completion date when you exchanged?

Has it changed since exchange?

Why did covid delay completion?

Moving house was allowed during lockdown and my daughter moved in June.

Unfortunately having months between exchange and completion means that anything can happen in that time. Hope it's not as bad as you fear.

It's not uncommon for there to be an agreement that part of the purchase price is held for a set amount of time in case of uncertain but not unanticipated problems- usually more structural etc but I can't see why this could not be done here. This would usually be agreed before exchange though I'd suggest you speak to your solicitor. I'm sure you would probably have recourse for any damage done after exchange but this would be a headache to sort out and it sounds like he'd be the type to claim it was not him.

I'd definitely ask to view again so that if there is damage already you can discuss with the solicitors what to do before completion. Also take photos when you view and as soon as you get the keys so you can prove what the state of the place is if you do need to claim against him/insurance afterwards.

It sounds to me like he's unhappy about having to sell/move out so probably trying to make things difficult to try to put you off. He may well be less inclined to do anything that means you it's still sold but he gets less money.

I would have a Premier Inn lined up in case it's literally uninhabitable and check the contingency with your removal company. Prepare for the worst, hope for the best.

There is no obligation to leave a house sparkling clean, but it is meant to be clear, empty and in the condition expected.

In the end it's far better to be in possession of the keys even if you have to get some rubbish removed or serious cleaning before you can move in. It's very hard to force difficult people to do things, better take control of the situation yourself and have your solicitor lined up to recover costs.

Can you go and have a better look? Go and knock on the door first and then peer through some windows? It’s a bit off of you to do so, but I think it’s warranted.

Then you’ll know what you’re dealing with.

Good luck.

@BiscuitDrama

Can you go and have a better look? Go and knock on the door first and then peer through some windows? It’s a bit off of you to do so, but I think it’s warranted.

Then you’ll know what you’re dealing with.

Good luck.

Do it via solicitors, much better.

I doubt if it will be clean. But you can do that (and I do it anyway to get it "my" clean).

I would be worried about any damage he may have done and/or any rubbish he leaves behind. With one of my house the seller left skips loads of rubbish but even though it is supposed to be left empty of all rubbish the only thing you can do is take them to court so more money.

If he has damaged anything your solicitor would be able to advise you.

Whatever he has or has not done it is still an adventure!

Like a PP said with the building work, you need to make sure that he has paid them, otherwise they could have a claim on the materials. Tell your solicitor about that issue, and also that you’ll need to inspect. Make your instructions to your solicitor very clear so they know not to complete without your express instructions even if they have received the completion monies. Good luck!